DAR File No. 27111

Transportation, Operations, Maintenance

R918-4

Using Volunteer Groups for the Adopt-a-Highway Program

NOTICE OF PROPOSED RULE

DAR File No.: 27111
Filed: 04/26/2004, 03:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is designed to add new conditions to permits issued under this rule.

Summary of the rule or change:

This rule amendment specifies in more detail the information on adopt-a-highway signs that is forbidden.

State statutory or constitutional authorization for this rule:

Section 72-1-201

Anticipated cost or savings to:

the state budget:

No anticipated cost because the changes are not affecting a person's ability to apply for the program. Therefore, costs to evaluate applications should stay about the same.

local governments:

This program does not apply to local governments; therefore, there would be neither costs nor savings to local government.

other persons:

This does not increase any fee or impose any requirement that should result in an increased cost, or savings, to others.

Compliance costs for affected persons:

There will be no compliance costs to other persons because there is no increase in fees.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule amendment has no fiscal impact on businesses.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2004

This rule may become effective on:

06/15/2004

Authorized by:

John R. Njord, Executive Director

RULE TEXT

R918. Transportation, Operations, Maintenance.

R918-4. Using Volunteer Groups for the Adopt-a-Highway Program.

R918-4-1. Purpose of Procedure.

To establish a procedure for using volunteer groups for litter pickup. To provide additional resources to increase UDOT's litter control effort at a minimal cost. This program is not operated for the purpose of providing a highway signing program for a free speech forum.

R918-4-2. Application.

(1) A group or person who wishes to participate in a program to pick up litter along UDOT right-of-way may apply with the UDOT Region in which the right-of-way is located. The application shall contain, at a minimum, the name of the organization or person, the right-of-way requested, along with alternatives if desired, and the name and address of a contact person, and the [text]name of the sponsoring organization requested to be placed [in]on the Recognition Sign.

(2) If the name of an organization is to appear on the sign, the applicant shall submit, with the application, documentation from the state showing the form, status, and official name of the entity. Only the official name of the organization will be printed on the sign.

R918-4-3. Conditions to Participation.

If the application is granted, UDOT shall notify the applicant's contact person in writing and promptly send to him or her a contract that sets forth the following basic conditions:

(1) the location of the right-of-way;

(2) a hold harmless agreement, waiver of liability, and indemnification for third-party claims;

(3) safety rules;

(4) information concerning safety apparel that must be used and that is recommended;

(5) the name of the entity or organization that is applying for the permit;

(6) an explanation of the condition in which UDOT expects the applicant to keep the roadway and notification that the decision whether or not the applicant has done so is solely within UDOT's discretion;

(7) notification of reasons for termination, which include failure to comply with any part of the agreement, fraud in the application, failure to follow safety requirements or commands;

(8) a date when the agreement will terminate, along with any automatic renewal provisions;

(9) volunteer groups shall provide a responsible supervisor to properly control the activities of the group, with the expertise and degree of supervision to be decided by UDOT;

(10) no person under the age of 11 may participate in the litter pick-up program or be on the right-of-way;

(11) volunteers shall accept and receive safety instructions by the Region Safety/Risk Manager, or designee;

(12) volunteers shall stay off the traveled area of the roadway, except when traveled area must be crossed, with any crossing being done by the entire group together along with the signing, flagging, or supervision directed by the Region Safety/Risk Manager or designee;

(13) volunteers shall stay off the traveled areas of Interstate Freeways at all times, except when crossing in the manner specified in paragraph (12);

(14) in areas where the Region Director or Safety/Risk Manager or Traffic Engineer believes it appropriate, the applicant shall use advance warning signs;

(15) work shall be done during daylight hours;

(16) such other information as UDOT believes may be required to adequate advise the applicant of its responsibilities and provide for the public safety;[ and]

(17) clean up the assigned right-of-way at least three times a year as well as when UDOT specifically requests; and

(18) notify the appropriate authorities like the Health Department or police if they find items that appear suspicious or unsafe, i.e., syringes, closed containers.

R918-4-4. UDOT discretion to allow use of right-of-way.

(1) Nothing in this rule or other UDOT rule may be construed to require UDOT to make any particular portion of right-of-way available for litter pick up. The decision whether to do so is exclusively within UDOT's discretion. Similarly, the decision to take a route out of the litter pick-up program is also within UDOT's exclusive discretion even if the route is currently available and being used for litter pick-up.

(2) Should UDOT determine that a route no longer qualifies for participation in the Adopt-a-Highway program, UDOT shall notify the person or organization that is assigned the route of that determination. The notification constitutes termination of the contract, regardless of how much time is left on the contract.

(3) UDOT may also terminate a contract at any time if it determines that continuing the contract would be counterproductive to the program's purpose or have undesirable results such as vandalism, increased litter, or would otherwise jeopardize the safety of the participants, the traveling public, or UDOT employees.

R918-4-5. Recognition Signs.

If the applicant's authorized representative (contact person) signs the contract sent to him or her by UDOT, UDOT will place a recognition sign along the route, if all other conditions are met,[with text to identify the group or person carrying out the litter pick-up]. [Only the name of the organization or person may be placed on the sign. ]UDOT will not place either slogans or logos on a sign. The [applicant's ]name may be edited to comply with space limitations.

R918-4-6. Replacement of Signs.

UDOT [has neither the duty nor responsibility to]will not replace damaged or missing signs unless the damage was due to weather or other natural cause and then only if there is sufficient funding. In no case will UDOT replace a sign more than once every five years.[ However, UDOT may replace the sign if it believes that replacement appropriate given all the circumstances. The decision to do so is solely within UDOT's discretion. If the sign is damaged or becomes missing and UDOT does not replace it within 90 days or the applicant has not paid for the cost of replacement within 90 days, the contract shall be considered terminated.]

R918-4-7. UDOT's Responsibilities.

UDOT shall:

(1) furnish volunteers with UDOT-standard vests, which, when the contract is terminated shall be returned;

(2) furnish the litter bags, which, when filled, shall be placed along the shoulder of the road for collection by UDOT personnel.

KEY: adopt-a-highway, highways, transportation

[July 10, 2003]2004

72-1-201

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.